Full Text of HB4334 101st General Assembly
HB4334 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4334 Introduced 1/29/2020, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-405 | | 705 ILCS 405/5-407 | | 705 ILCS 405/5-410 | | 705 ILCS 405/5-415 | | 705 ILCS 405/5-501 | |
|
Amends the Juvenile Court Act of 1987. Provides that if a minor is taken into custody for an
offense which would be a forcible felony if committed by an adult, the minor may be detained in a secure detention facility until the court makes a finding concerning the minor's detention or release at the detention or shelter care hearing.
|
| |
| | A BILL FOR |
|
| | | HB4334 | | LRB101 16367 RLC 65745 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 5-405, 5-407, 5-410, 5-415, and 5-501 as | 6 | | follows:
| 7 | | (705 ILCS 405/5-405)
| 8 | | Sec. 5-405. Duty of officer; admissions by minor.
| 9 | | (1) A law enforcement officer who arrests a minor with a | 10 | | warrant shall
immediately make a reasonable attempt to notify | 11 | | the parent or other person
legally responsible for the minor's | 12 | | care or the person with whom the minor
resides that the minor | 13 | | has been arrested and where he or she is being
held. The minor | 14 | | shall be delivered without unnecessary delay to the court or
to | 15 | | the place designated by rule or order of court for the | 16 | | reception of minors.
| 17 | | (2) A law enforcement officer who arrests a minor without a | 18 | | warrant under
Section 5-401
shall, if the minor is not | 19 | | released, immediately make a reasonable attempt to
notify the | 20 | | parent or other person legally responsible for the minor's care | 21 | | or
the person with whom the minor resides that the minor has | 22 | | been
arrested and where the minor is being held; and the law | 23 | | enforcement officer
shall without unnecessary delay take the |
| | | HB4334 | - 2 - | LRB101 16367 RLC 65745 b |
|
| 1 | | minor to the nearest juvenile police
officer designated for | 2 | | these purposes in the county of venue or shall surrender
the | 3 | | minor to a juvenile police officer in the city or village where | 4 | | the offense
is alleged to have been committed. If a minor is | 5 | | taken into custody for an
offense which would be a forcible | 6 | | felony, as defined in Section 2-8 of the Criminal Code of 2012, | 7 | | if committed by an adult, the minor may be detained in a secure | 8 | | detention facility until the court makes a finding concerning | 9 | | the minor's detention or release at the detention or shelter | 10 | | care hearing under Section 5-501. If a minor is taken into | 11 | | custody for an
offense which would be a misdemeanor if | 12 | | committed by an adult, the law
enforcement officer, upon | 13 | | determining
the true identity of the
minor, may release the | 14 | | minor to the parent or other person legally responsible
for the | 15 | | minor's care or the person with whom the minor resides.
If a | 16 | | minor is so released, the law enforcement officer shall
| 17 | | promptly notify a juvenile police officer of the circumstances | 18 | | of the custody
and release.
| 19 | | (3) The juvenile police officer may take one of the | 20 | | following actions:
| 21 | | (a) station adjustment and
release of the minor;
| 22 | | (b) release the minor to his or her parents and refer | 23 | | the case to
Juvenile Court;
| 24 | | (c) if the juvenile police officer reasonably believes | 25 | | that there is an
urgent and immediate necessity to keep the | 26 | | minor in custody, the juvenile
police officer shall deliver |
| | | HB4334 | - 3 - | LRB101 16367 RLC 65745 b |
|
| 1 | | the minor without unnecessary delay to the court
or to the | 2 | | place designated by rule or order of court for the | 3 | | reception of
minors;
| 4 | | (d) any other appropriate action with consent of the | 5 | | minor or a parent.
| 6 | | (4) The factors to be considered in determining whether to | 7 | | release or keep
a minor in custody shall include:
| 8 | | (a) the nature of the allegations against the minor;
| 9 | | (b) the minor's history and present situation;
| 10 | | (c) the history of the minor's family and the family's | 11 | | present situation;
| 12 | | (d) the educational and employment status of the minor;
| 13 | | (e) the availability of special resource or community | 14 | | services to aid or
counsel the minor;
| 15 | | (f) the minor's past involvement with and progress in | 16 | | social programs;
| 17 | | (g) the attitude of complainant and community toward | 18 | | the minor; and
| 19 | | (h) the present attitude of the minor and family.
| 20 | | (5) The records of law enforcement officers concerning all | 21 | | minors taken
into custody
under this Act shall be maintained | 22 | | separate from the records of arrests of
adults and may not be | 23 | | inspected by or disclosed to the public except pursuant
to | 24 | | Section 5-901 and Section 5-905.
| 25 | | (Source: P.A. 90-590, eff. 1-1-99.)
|
| | | HB4334 | - 4 - | LRB101 16367 RLC 65745 b |
|
| 1 | | (705 ILCS 405/5-407)
| 2 | | Sec. 5-407. Processing of juvenile in possession of a | 3 | | firearm.
| 4 | | (a) If a law enforcement officer detains a minor pursuant | 5 | | to Section
10-27.1A of the
School Code, the officer shall | 6 | | deliver the minor to the nearest juvenile
officer, in the | 7 | | manner
prescribed by subsection (2) of Section 5-405 of this | 8 | | Act. The juvenile
officer shall deliver the
minor without | 9 | | unnecessary delay to the court or to the place designated by | 10 | | rule
or order of court
for the reception of minors. In no event | 11 | | shall the minor be eligible for any
other disposition by
the | 12 | | juvenile police officer, notwithstanding the provisions of | 13 | | subsection (3)
of Section 5-405 of
this Act.
| 14 | | (b) Except as otherwise provided in subsection (2) of | 15 | | Section 5-405, minors Minors shall be brought before a judicial | 16 | | officer within
40 hours,
exclusive of Saturdays,
Sundays, and | 17 | | court-designated holidays, for a detention hearing to | 18 | | determine
whether he or she
shall be further held in custody. | 19 | | If the court finds that there is probable
cause to believe that | 20 | | the
minor is a delinquent minor by virtue of his or her | 21 | | violation of item (4) of
subsection (a) of
Section 24-1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012
while on | 23 | | school grounds, that finding shall create a presumption that | 24 | | immediate
and urgent necessity exists under
subdivision (2) of | 25 | | Section 5-501 of this Act. Once the presumption of
immediate | 26 | | and urgent necessity has been raised, the burden of |
| | | HB4334 | - 5 - | LRB101 16367 RLC 65745 b |
|
| 1 | | demonstrating the
lack of immediate and urgent necessity shall | 2 | | be on any party that is opposing
detention for the minor. | 3 | | Should the court order detention pursuant to this
Section, the | 4 | | minor
shall be detained, pending the results of a court-ordered
| 5 | | psychological
evaluation to determine if the minor is a risk to | 6 | | himself, herself, or others.
Upon receipt of the
psychological | 7 | | evaluation, the court shall review the determination regarding
| 8 | | the existence of
urgent and immediate necessity. The court | 9 | | shall consider the psychological
evaluation in
conjunction | 10 | | with the other factors identified in subdivision (2) of Section
| 11 | | 5-501 of this Act in
order to make a de novo determination | 12 | | regarding whether it is a matter of
immediate and urgent
| 13 | | necessity for the protection of the minor or of the person or | 14 | | property of
another that the minor be
detained or placed in a | 15 | | shelter care facility. In addition to the pre-trial
conditions | 16 | | found in
Section 5-505 of this Act, the court may order the | 17 | | minor to receive counseling
and any other
services recommended | 18 | | by the psychological evaluation as a condition for release
of | 19 | | the minor.
| 20 | | (c) Upon making a determination that the student presents a | 21 | | risk to himself,
herself, or
others, the court shall issue an | 22 | | order restraining the student from entering
the property of the
| 23 | | school if he or she has been suspended or expelled from the | 24 | | school as a result
of possessing a
firearm. The order shall | 25 | | restrain the student from entering the school and
school
owned | 26 | | or leased
property, including any conveyance owned, leased, or |
| | | HB4334 | - 6 - | LRB101 16367 RLC 65745 b |
|
| 1 | | contracted by the school
to transport
students to or from | 2 | | school or a school-related activity. The order shall
remain in | 3 | | effect until such
time as the court determines that the student | 4 | | no longer presents a risk to
himself, herself, or
others.
| 5 | | (d) Psychological evaluations ordered pursuant to | 6 | | subsection (b) of this
Section and
statements made by the minor | 7 | | during the course of these evaluations, shall not
be admissible | 8 | | on
the issue of delinquency during the course of any | 9 | | adjudicatory hearing held
under this Act.
| 10 | | (e) In this Section:
| 11 | | "School" means any public or
private
elementary or | 12 | | secondary school.
| 13 | | "School grounds" includes the real
property comprising
any | 14 | | school, any conveyance owned, leased, or contracted by a school | 15 | | to
transport students to or
from school or a school-related | 16 | | activity, or any public way within 1,000
feet of the real
| 17 | | property comprising any school.
| 18 | | (Source: P.A. 99-258, eff. 1-1-16 .)
| 19 | | (705 ILCS 405/5-410)
| 20 | | Sec. 5-410. Non-secure custody or detention.
| 21 | | (1) Any minor arrested or taken into custody pursuant to | 22 | | this Act who
requires care away from his or her home but who | 23 | | does not require physical
restriction shall be given temporary | 24 | | care in a foster family home or other
shelter facility | 25 | | designated by the court.
|
| | | HB4334 | - 7 - | LRB101 16367 RLC 65745 b |
|
| 1 | | (2) (a) Any minor 10 years of age or older arrested
| 2 | | pursuant to this Act where there is probable cause to believe | 3 | | that the minor
is a delinquent minor and that
(i) secure | 4 | | custody is a matter of immediate and urgent necessity for the
| 5 | | protection of the minor or of the person or property of | 6 | | another, (ii) the minor
is likely to flee the jurisdiction of | 7 | | the court, or (iii) the minor was taken
into custody under a | 8 | | warrant, may be kept or detained in an authorized
detention | 9 | | facility. A minor under 13 years of age shall not be admitted, | 10 | | kept, or detained in a detention facility unless a local youth | 11 | | service provider, including a provider through the | 12 | | Comprehensive Community Based Youth Services network, has been | 13 | | contacted and has not been able to accept the minor. No minor | 14 | | under 12 years of age shall be detained in a
county jail or a | 15 | | municipal lockup for more than 6 hours.
| 16 | | (a-5) For a minor arrested or taken into custody for | 17 | | vehicular hijacking or aggravated vehicular hijacking, a | 18 | | previous finding of delinquency for vehicular hijacking or | 19 | | aggravated vehicular hijacking shall be given greater weight in | 20 | | determining whether secured custody of a minor is a matter of | 21 | | immediate and urgent necessity for the protection of the minor | 22 | | or of the person or property of another. | 23 | | (b) Except as otherwise provided in subsection (2) of | 24 | | Section 5-405, the The written authorization of the probation | 25 | | officer or detention officer
(or other public officer | 26 | | designated by the court in a county having
3,000,000 or more |
| | | HB4334 | - 8 - | LRB101 16367 RLC 65745 b |
|
| 1 | | inhabitants) constitutes authority for the superintendent of
| 2 | | any juvenile detention home to detain and keep a minor for up | 3 | | to 40 hours,
excluding Saturdays, Sundays, and | 4 | | court-designated holidays. These
records shall be available to | 5 | | the same persons and pursuant to the same
conditions as are law | 6 | | enforcement records as provided in Section 5-905.
| 7 | | (b-4) The consultation required by paragraph (b-5) shall | 8 | | not be applicable
if the probation officer or detention officer | 9 | | (or other public officer
designated
by the court in a
county | 10 | | having 3,000,000 or more inhabitants) utilizes a scorable | 11 | | detention
screening instrument, which has been developed with | 12 | | input by the State's
Attorney, to
determine whether a minor | 13 | | should be detained, however, paragraph (b-5) shall
still be | 14 | | applicable where no such screening instrument is used or where | 15 | | the
probation officer, detention officer (or other public | 16 | | officer designated by the
court in a county
having 3,000,000 or | 17 | | more inhabitants) deviates from the screening instrument.
| 18 | | (b-5) Subject to the provisions of paragraph (b-4), if a | 19 | | probation officer
or detention officer
(or other public officer | 20 | | designated by
the court in a county having 3,000,000 or more | 21 | | inhabitants) does not intend to
detain a minor for an offense | 22 | | which constitutes one of the following offenses
he or she shall | 23 | | consult with the State's Attorney's Office prior to the release
| 24 | | of the minor: first degree murder, second degree murder, | 25 | | involuntary
manslaughter, criminal sexual assault, aggravated | 26 | | criminal sexual assault,
aggravated battery with a firearm as |
| | | HB4334 | - 9 - | LRB101 16367 RLC 65745 b |
|
| 1 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 2 | | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | 3 | | battery involving
permanent disability or disfigurement or | 4 | | great bodily harm, robbery, aggravated
robbery, armed robbery, | 5 | | vehicular hijacking, aggravated vehicular hijacking,
vehicular | 6 | | invasion, arson, aggravated arson, kidnapping, aggravated | 7 | | kidnapping,
home invasion, burglary, or residential burglary.
| 8 | | (c) Except as otherwise provided in paragraph (a), (d), or | 9 | | (e), no minor
shall
be detained in a county jail or municipal | 10 | | lockup for more than 12 hours, unless
the offense is a crime of | 11 | | violence in which case the minor may be detained up
to 24 | 12 | | hours. For the purpose of this paragraph, "crime of violence" | 13 | | has the
meaning
ascribed to it in Section 1-10 of the | 14 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 15 | | (i) The
period of detention is deemed to have begun | 16 | | once the minor has been placed in a
locked room or cell or | 17 | | handcuffed to a stationary object in a building housing
a | 18 | | county jail or municipal lockup. Time spent transporting a | 19 | | minor is not
considered to be time in detention or secure | 20 | | custody.
| 21 | | (ii) Any minor so
confined shall be under periodic | 22 | | supervision and shall not be permitted to come
into or | 23 | | remain in contact with adults in custody in the building.
| 24 | | (iii) Upon
placement in secure custody in a jail or | 25 | | lockup, the
minor shall be informed of the purpose of the | 26 | | detention, the time it is
expected to last and the fact |
| | | HB4334 | - 10 - | LRB101 16367 RLC 65745 b |
|
| 1 | | that it cannot exceed the time specified under
this Act.
| 2 | | (iv) A log shall
be kept which shows the offense which | 3 | | is the basis for the detention, the
reasons and | 4 | | circumstances for the decision to detain, and the length of | 5 | | time the
minor was in detention.
| 6 | | (v) Violation of the time limit on detention
in a | 7 | | county jail or municipal lockup shall not, in and of | 8 | | itself, render
inadmissible evidence obtained as a result | 9 | | of the violation of this
time limit. Minors under 18 years | 10 | | of age shall be kept separate from confined
adults and may | 11 | | not at any time be kept in the same cell, room, or yard | 12 | | with
adults confined pursuant to criminal law. Persons 18 | 13 | | years of age and older
who have a petition of delinquency | 14 | | filed against them may be
confined in an
adult detention | 15 | | facility.
In making a determination whether to confine a | 16 | | person 18 years of age or
older
who has a petition of | 17 | | delinquency filed against the person, these factors,
among | 18 | | other matters, shall be considered:
| 19 | | (A) the age of the person;
| 20 | | (B) any previous delinquent or criminal history of | 21 | | the person;
| 22 | | (C) any previous abuse or neglect history of the | 23 | | person; and
| 24 | | (D) any mental health or educational history of the | 25 | | person, or both.
| 26 | | (d) (i) If a minor 12 years of age or older is confined in a |
| | | HB4334 | - 11 - | LRB101 16367 RLC 65745 b |
|
| 1 | | county jail
in a
county with a population below 3,000,000 | 2 | | inhabitants, then the minor's
confinement shall be implemented | 3 | | in such a manner that there will be no contact
by sight, sound, | 4 | | or otherwise between the minor and adult prisoners. Minors
12 | 5 | | years of age or older must be kept separate from confined | 6 | | adults and may not
at any time
be kept in the same cell, room, | 7 | | or yard with confined adults. This paragraph
(d)(i) shall only | 8 | | apply to confinement pending an adjudicatory hearing and , | 9 | | except as otherwise provided in subsection (2) of Section | 10 | | 5-405,
shall not exceed 40 hours, excluding Saturdays, Sundays, | 11 | | and court-designated
holidays. To accept or hold minors during | 12 | | this time period, county jails shall
comply with all monitoring | 13 | | standards adopted by the Department of
Corrections and training | 14 | | standards approved by the Illinois Law Enforcement
Training | 15 | | Standards Board.
| 16 | | (ii) To accept or hold minors, 12 years of age or older, | 17 | | after the time
period
prescribed in paragraph (d)(i) of this | 18 | | subsection (2) of this Section but not
exceeding 7 days | 19 | | including Saturdays, Sundays, and holidays pending an
| 20 | | adjudicatory hearing, county jails shall comply with all | 21 | | temporary detention
standards adopted by the Department of | 22 | | Corrections and training standards
approved by the Illinois Law | 23 | | Enforcement Training Standards Board.
| 24 | | (iii) To accept or hold minors 12 years of age or older, | 25 | | after the time
period prescribed in paragraphs (d)(i) and | 26 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
| | | HB4334 | - 12 - | LRB101 16367 RLC 65745 b |
|
| 1 | | shall comply with all county juvenile detention standards | 2 | | adopted by the Department of Juvenile Justice.
| 3 | | (e) When a minor who is at least 15 years of age is | 4 | | prosecuted under the
criminal laws of this State,
the court may | 5 | | enter an order directing that the juvenile be confined
in the | 6 | | county jail. However, any juvenile confined in the county jail | 7 | | under
this provision shall be separated from adults who are | 8 | | confined in the county
jail in such a manner that there will be | 9 | | no contact by sight, sound or
otherwise between the juvenile | 10 | | and adult prisoners.
| 11 | | (f) For purposes of appearing in a physical lineup, the | 12 | | minor may be taken
to a county jail or municipal lockup under | 13 | | the direct and constant supervision
of a juvenile police | 14 | | officer. During such time as is necessary to conduct a
lineup, | 15 | | and while supervised by a juvenile police officer, the sight | 16 | | and sound
separation provisions shall not apply.
| 17 | | (g) For purposes of processing a minor, the minor may be | 18 | | taken to a county jail or municipal lockup under the direct and | 19 | | constant supervision of a law
enforcement officer or | 20 | | correctional officer. During such time as is necessary
to | 21 | | process the minor, and while supervised by a law enforcement | 22 | | officer or
correctional officer, the sight and sound separation | 23 | | provisions shall not
apply.
| 24 | | (3) Except as otherwise provided in subsection (2) of | 25 | | Section 5-405, if If the probation officer or State's Attorney | 26 | | (or such other public
officer designated by the court in a |
| | | HB4334 | - 13 - | LRB101 16367 RLC 65745 b |
|
| 1 | | county having 3,000,000 or more
inhabitants) determines that | 2 | | the minor may be a delinquent minor as described
in subsection | 3 | | (3) of Section 5-105, and should be retained in custody but | 4 | | does
not require
physical restriction, the minor may be placed | 5 | | in non-secure custody for up to
40 hours pending a detention | 6 | | hearing.
| 7 | | (4) Any minor taken into temporary custody, not requiring | 8 | | secure
detention, may, however, be detained in the home of his | 9 | | or her parent or
guardian subject to such conditions as the | 10 | | court may impose.
| 11 | | (5) The changes made to this Section by Public Act 98-61 | 12 | | apply to a minor who has been arrested or taken into custody on | 13 | | or after January 1, 2014 (the effective date of Public Act | 14 | | 98-61). | 15 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
| 16 | | (705 ILCS 405/5-415)
| 17 | | Sec. 5-415. Setting of detention or shelter care hearing; | 18 | | release.
| 19 | | (1) Except as otherwise provided in subsection (2) of | 20 | | Section 5-405, unless Unless sooner released, a minor alleged | 21 | | to be a delinquent minor taken
into temporary custody must be | 22 | | brought before a judicial officer within 40
hours for a | 23 | | detention or shelter care hearing to determine whether he or | 24 | | she
shall be
further held in custody. If a minor alleged to be | 25 | | a delinquent minor taken into
custody is hospitalized or is |
| | | HB4334 | - 14 - | LRB101 16367 RLC 65745 b |
|
| 1 | | receiving treatment for a physical or mental
condition, and is | 2 | | unable to be brought before a judicial officer for a
detention | 3 | | or shelter care hearing, the 40 hour period will not commence | 4 | | until
the minor is released from the hospital or place of | 5 | | treatment. If the minor
gives false information to law | 6 | | enforcement officials regarding the minor's
identity or age, | 7 | | the 40 hour period will not commence until the court rules
that | 8 | | the minor is subject to this Act and not subject to prosecution | 9 | | under the
Criminal Code of 1961 or the Criminal Code of 2012. | 10 | | Any
other delay attributable to a minor alleged to be a | 11 | | delinquent minor who is
taken into temporary custody shall act | 12 | | to toll the 40 hour time period. The 40 hour time period shall | 13 | | be tolled to allow counsel for the minor to prepare for the | 14 | | detention or shelter care hearing, upon a motion filed by such | 15 | | counsel and granted by the court. In all
cases, the 40 hour | 16 | | time period is exclusive of Saturdays, Sundays and
| 17 | | court-designated holidays.
| 18 | | (2) If the State's Attorney or probation officer (or other | 19 | | public
officer designated by the court in a county having more | 20 | | than 3,000,000
inhabitants) determines that the minor should be | 21 | | retained in custody, he or she
shall
cause a petition to be | 22 | | filed as provided in Section 5-520 of this Article, and
the | 23 | | clerk of the court shall set the matter for hearing on the | 24 | | detention or
shelter care hearing calendar. Immediately upon | 25 | | the filing of a petition in the case of a minor retained in | 26 | | custody, the court shall cause counsel to be appointed to |
| | | HB4334 | - 15 - | LRB101 16367 RLC 65745 b |
|
| 1 | | represent the minor. When a parent, legal guardian, custodian, | 2 | | or
responsible relative is present and so requests, the | 3 | | detention or shelter care
hearing shall be held immediately if | 4 | | the court is in session
and the State is ready to proceed, | 5 | | otherwise at the earliest feasible time.
In no event shall a | 6 | | detention or shelter care hearing be held until the minor has | 7 | | had adequate opportunity to consult with counsel. The probation | 8 | | officer or such other public officer designated by the court in | 9 | | a
county having more than 3,000,000 inhabitants shall notify | 10 | | the minor's parent,
legal guardian, custodian, or responsible | 11 | | relative of the time and place of the
hearing. The notice may | 12 | | be given orally.
| 13 | | (3) Except as otherwise provided in subsection (2) of | 14 | | Section 5-405, the The minor must be released from custody at | 15 | | the expiration of the 40
hour period specified by this Section | 16 | | if not brought before a judicial officer
within that period.
| 17 | | (4) Except as otherwise provided in subsection (2) of | 18 | | Section 5-405, after After the initial 40 hour period has | 19 | | lapsed, the court may review the
minor's custodial status at | 20 | | any time prior to the trial or sentencing
hearing. If during | 21 | | this time period new or additional information becomes
| 22 | | available concerning the minor's conduct, the court may conduct | 23 | | a hearing to
determine whether the minor should be placed in a | 24 | | detention or shelter care
facility. If the court finds that | 25 | | there is probable cause that the minor is a
delinquent minor | 26 | | and that it is a matter of immediate and urgent necessity for
|
| | | HB4334 | - 16 - | LRB101 16367 RLC 65745 b |
|
| 1 | | the protection of the minor or of the person or property of | 2 | | another, or that he
or she is likely to flee the jurisdiction | 3 | | of the court, the court may order
that the minor be placed in | 4 | | detention or shelter care.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (705 ILCS 405/5-501)
| 7 | | Sec. 5-501. Detention or shelter care hearing. At the | 8 | | appearance of the minor before the court at the detention or | 9 | | shelter
care hearing,
the court shall receive all relevant | 10 | | information and evidence, including
affidavits concerning the | 11 | | allegations made in the petition. Evidence used by
the court in | 12 | | its findings or stated in or offered in connection with this
| 13 | | Section may be by way of proffer based on reliable information | 14 | | offered by the
State or minor. All evidence shall be admissible | 15 | | if it is relevant and
reliable regardless of whether it would | 16 | | be admissible under the rules of
evidence applicable at a | 17 | | trial. No hearing may be held unless the minor is
represented | 18 | | by counsel and no hearing shall be held until the minor has had | 19 | | adequate opportunity to consult with counsel.
| 20 | | (1) If the court finds that there is not probable cause to | 21 | | believe that the
minor is a delinquent minor it shall release | 22 | | the minor and dismiss the
petition.
| 23 | | (2) If the court finds that there is probable cause to | 24 | | believe that the
minor is a
delinquent minor, the minor, his or | 25 | | her parent, guardian, custodian and other
persons able to give |
| | | HB4334 | - 17 - | LRB101 16367 RLC 65745 b |
|
| 1 | | relevant testimony may be examined before the court. The
court | 2 | | may also consider any evidence by way of proffer based upon | 3 | | reliable
information offered by the State or the minor. All | 4 | | evidence, including
affidavits, shall be admissible if it is | 5 | | relevant and reliable regardless of
whether it would be | 6 | | admissible under the rules of evidence applicable at trial.
| 7 | | After such evidence is presented, the court may enter an order | 8 | | that the minor
shall be released upon the request of a parent, | 9 | | guardian or legal custodian if
the parent, guardian or | 10 | | custodian appears to take custody.
| 11 | | If the court finds that it is a matter of immediate and | 12 | | urgent necessity for
the protection of the minor or of the | 13 | | person or property of another that the
minor be detained or | 14 | | placed in a
shelter care facility or that he or she is likely | 15 | | to flee the jurisdiction of
the court, the court may prescribe | 16 | | detention or shelter care and order that the
minor be kept in a | 17 | | suitable place designated by the court or in a shelter care
| 18 | | facility designated by the Department of Children and Family | 19 | | Services or a
licensed child welfare agency; otherwise it shall | 20 | | release the minor from
custody. If the court prescribes shelter | 21 | | care, then in placing the minor, the
Department or other agency | 22 | | shall, to the extent compatible with the court's
order, comply | 23 | | with Section 7 of the Children and Family Services Act. In
| 24 | | making the determination of the existence of immediate and | 25 | | urgent necessity,
the court shall consider among other matters: | 26 | | (a) the nature and seriousness of
the alleged offense; (b) the |
| | | HB4334 | - 18 - | LRB101 16367 RLC 65745 b |
|
| 1 | | minor's record of delinquency offenses,
including whether the | 2 | | minor has delinquency cases pending; (c) the minor's
record of | 3 | | willful failure to appear following the issuance of a summons | 4 | | or
warrant; (d) the availability of non-custodial | 5 | | alternatives, including the
presence of a parent, guardian or | 6 | | other responsible relative able and willing
to provide | 7 | | supervision and care for the minor and to assure his or her
| 8 | | compliance with a summons. If the minor is ordered placed in a | 9 | | shelter care
facility of a licensed child welfare agency, the | 10 | | court shall, upon request of
the agency, appoint the | 11 | | appropriate agency executive temporary custodian of the
minor | 12 | | and the court may enter such other orders related to the | 13 | | temporary
custody of the minor as it deems fit and proper.
| 14 | | The order together with the court's findings of fact in | 15 | | support of the order
shall
be entered
of record in the court.
| 16 | | Once the court finds that it is a matter of immediate and | 17 | | urgent necessity
for the protection of the minor that the minor | 18 | | be placed in a shelter care
facility, the minor shall not be | 19 | | returned to the parent, custodian or guardian
until the court | 20 | | finds that the placement is no longer necessary for the
| 21 | | protection of the minor.
| 22 | | (3) Only when there is reasonable cause to believe that the | 23 | | minor taken
into custody is a delinquent minor may the minor be | 24 | | kept or detained in a
facility authorized for juvenile | 25 | | detention. This Section shall in no way be
construed to limit
| 26 | | subsection (4).
|
| | | HB4334 | - 19 - | LRB101 16367 RLC 65745 b |
|
| 1 | | (4) Minors 12 years of age or older must be kept separate | 2 | | from confined
adults and may not at any time be kept in the | 3 | | same cell, room or yard with
confined adults. This paragraph | 4 | | (4):
| 5 | | (a) shall only apply to confinement pending an | 6 | | adjudicatory hearing
and
shall not exceed 40 hours, | 7 | | excluding Saturdays, Sundays, and court designated
| 8 | | holidays , except as otherwise provided in subsection (2) of | 9 | | Section 5-405 . To accept or hold minors during this time | 10 | | period, county jails shall
comply with all monitoring | 11 | | standards adopted
by the Department of Corrections and | 12 | | training standards approved by the
Illinois Law | 13 | | Enforcement Training Standards Board.
| 14 | | (b) To accept or hold minors, 12 years of age or older, | 15 | | after the time
period prescribed in clause (a) of | 16 | | subsection (4) of this Section but not
exceeding 7
days | 17 | | including Saturdays, Sundays, and holidays, pending an | 18 | | adjudicatory
hearing, county jails shall comply with all | 19 | | temporary detention standards adopted
by
the Department of | 20 | | Corrections and training standards approved by the | 21 | | Illinois
Law Enforcement Training Standards Board.
| 22 | | (c) To accept or hold minors 12 years of age or older, | 23 | | after the time
period prescribed in clause (a) and (b), of | 24 | | this subsection county jails shall
comply with all county | 25 | | juvenile detention standards adopted by the Department of | 26 | | Juvenile Justice.
|
| | | HB4334 | - 20 - | LRB101 16367 RLC 65745 b |
|
| 1 | | (5) If the minor is not brought before a judicial officer | 2 | | within the time
period as specified in Section 5-415 the minor | 3 | | must immediately be released
from
custody.
| 4 | | (6) If neither the parent, guardian or legal custodian | 5 | | appears within 24
hours to take custody of a minor released | 6 | | from detention or shelter care, then
the clerk of the court | 7 | | shall set the matter for rehearing not later than 7 days
after | 8 | | the original order and shall issue a summons directed to the | 9 | | parent,
guardian or legal custodian to appear. At the same time | 10 | | the probation
department shall prepare a report on the minor. | 11 | | If a parent, guardian or legal
custodian does not appear at | 12 | | such rehearing, the judge may enter an order
prescribing that | 13 | | the minor be kept in a suitable place designated by the
| 14 | | Department of Human Services or a licensed child welfare | 15 | | agency.
The time during which a minor is in custody after being | 16 | | released upon the
request of a parent, guardian or legal | 17 | | custodian shall be considered as time
spent in detention for | 18 | | purposes of scheduling the trial.
| 19 | | (7) Any party, including the State, the temporary | 20 | | custodian, an agency
providing services to the minor or family | 21 | | under a service plan pursuant to
Section 8.2 of the Abused and | 22 | | Neglected Child Reporting Act, foster parent, or
any of their | 23 | | representatives, may file a
motion to modify or vacate a | 24 | | temporary custody order or vacate a detention or
shelter care | 25 | | order on any of the following grounds:
| 26 | | (a) It is no longer a matter of immediate and urgent |
| | | HB4334 | - 21 - | LRB101 16367 RLC 65745 b |
|
| 1 | | necessity that the
minor remain in detention or shelter | 2 | | care; or
| 3 | | (b) There is a material change in the circumstances of | 4 | | the natural family
from which the minor was removed; or
| 5 | | (c) A person, including a parent, relative or legal | 6 | | guardian, is capable
of assuming temporary custody of the | 7 | | minor; or
| 8 | | (d) Services provided by the Department of Children and | 9 | | Family Services
or a
child welfare agency or other service | 10 | | provider have been successful in
eliminating the need for | 11 | | temporary custody.
| 12 | | The clerk shall set the matter for hearing not later than | 13 | | 14 days after such
motion is filed. In the event that the court | 14 | | modifies or vacates a temporary
order but does not vacate its | 15 | | finding of probable cause, the court may order
that appropriate | 16 | | services be continued or initiated in behalf of the minor and
| 17 | | his or her family.
| 18 | | (8) Whenever a petition has been filed under Section 5-520 | 19 | | the court can,
at
any time prior to trial or sentencing, order | 20 | | that the minor be placed in
detention or a shelter care | 21 | | facility after the court conducts a hearing and
finds that the | 22 | | conduct and behavior of the minor may endanger the health,
| 23 | | person, welfare, or property of himself or others or that the | 24 | | circumstances
of his or her home environment may endanger his | 25 | | or her health, person, welfare
or property.
| 26 | | (Source: P.A. 98-685, eff. 1-1-15 .)
|
|